Australian Rail, Tram and Bus Industry Union

[2020] FWCA 2201

[2020] FWCA 2201

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Australian Rail, Tram and Bus Industry Union
(AG2020/898)

CAIRNS KURANDA STEAM COLLECTIVE AGREEMENT 2020

Rail industry
COMMISSIONER SIMPSON	BRISBANE, 29 APRIL 2020

Application for approval of the Cairns Kuranda Steam Collective Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the Cairns Kuranda Steam Collective Agreement 2020 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Australian Rail, Tram and Bus Industry Union.

[2] The Agreement is a single enterprise agreement.

[3] Cairns Kuranda Steam Limited Partnership T/A Cairns Kuranda Steam (the Employer) has provided written undertakings. A copy of the undertakings is attached in Appendix A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

[5] The Agreement does not contain a model flexibility term or a model consultation term compliant with the Act. Pursuant to ss. 202(4) and 205(2) of the Act, the model flexibility term and the model consultation term prescribed by the Fair Work Regulations 2009 are taken to be terms of the Agreement.

[6] The Australian Rail, Tram and Bus Industry Union (RTBU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving notice under s.183 of the Act that the RTBU wants the Agreement to cover it.

[7] In accordance with s.201(2) of the Act, I note the Agreement covers the RTBU.

[8] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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